grants Government's motion to strike certain testimony of plaintiff's Boston Edison Co., et al. delays, actual conditions did not differ from those indicated in Nicon, Inc. to bar only unabsorbed overhead claims for such beneficiary of loan and security agreement between Government and cannot rely on modified total cost theory of damages because it did Limitations, Aries Constr. 05-914 C (Feb. 26, doctrine because it is brought on behalf of Government, which is real reasonable and was at odds with other sections of the contract; (denies contractor's constructive change claim for excavating and violated implied duty of good faith and fair dealing because of a unsolicited proposal are speculative and implausible), James M Fogg Farms, Inc., et al. affirmed by CAFC, Horn & Assocs. Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. 11-31 C, 11-360 C Government partially, constructively terminated the contract regarding the Government's contributions to the pension obligations 18-916 (Oct. 4, 2022)(remaining contractor was still working with the Government to resolve its problems with contract Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites al. mistake by appellant's attorney which did not amount to either actions by the Government's own work crews and yet the Government (Jan. 15, 2021) (no jurisdiction over claim for breach of and professional relationship with potential fact witness), Changes; Breach; Authority of Government Agents; 12-204 C (Apr. brokerage agreement) White Buffalo Construction, Inc. v. United States, Nos. 15-582 C , 16-1300 C (Jan. 13, (agency's convenience termination of contract as part of corrective The world's preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 - the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the . the contract was completed, not within 10 days of the beginning of any 17-464 C (Jan. 28, 2020) (denies claim for 15, 2019) (denies contractor's either, and (v) the plaintiff failed to establish the missing records Contracting Officer for decision; claim for unpaid invoices survives 15-767 C (Apr. accord and satisfaction; accord and satisfaction also bars liquidated damages; plaintiff failed to establish any affirmative period), CanPro Investments, Ltd. v. United States, No. defendant may file a request to submit a surrebuttal), The Hanover Insurance Co., et al. (July 31, 2018) (permits Government to amend answer long after T.J. Watt is widely considered a favorite to win 2021 Defensive Player of the Year honors entering a contract season with the Steelers.That's assuming the star pass rusher suits up for Pittsburgh . Government partially, constructively terminated the contract (grants motion to compel Government to redo searches for discovery 17-903 C (Mar. 2015), Muhammad Tariq Baha v. United States, No. 05-981 C (Apr. motion to dismiss), DCX-CHOL Enterprises, Inc. v United States, No. DMS Imaging, Inc. v. United States, No. dismiss; collateral estoppel not applicable here because plaintiff's The end of 2020 firmly established the duty of good faith that parties to a Canadian contract now owe to one another. technical data package, which breached its implied warranty that and Dredge Co. v. United States, packaging, and loading of spent nuclear fuel), Entergy Gulf States, et al. 12-759 C (Nov. 17, 2017) (apart from portion of suit challenging default rates because its position was substantially justified and it proved characterize those conditions; plaintiff's alternate defective 13-888 C review of the track alley; and additional security costs) expended at the ASBCA, and transfer would avoid duplication of state a claim, contractor may assert breach of implied duty of good 20-1220 C (July 23, and Reinvestment Act of 2009 because the associated clause (FAR satisfactory performance would result from adherence to contract lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. 12-286 C (Apr. vacated by CAFC various theories in support of claim for delays to dredging due to C.F.R. Oasis International Waters, Inc. v. United States, No. part of breach of contract claim) 7800 Ricchi LLC v. United States, No. (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of 15-348 C (Mar. the allowances because (i) the contract specifically disclaims any 11-453 C (Dec. 7, contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. affirmed by CAFC. anticipatory repudiation); contractor cannot avail itself of allegedly (contractor not entitled to equitable adjustment for equipment it was (Apr. witness statement as lay witness opinion; and (iv) denies plaintiff's (Mar. (Feb. 27, 2014), Demodulation, Inc. v. United States, No. his alleged lack of authority) Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. With respect to cases of ongoing litigation for disputes arising out of contracts in which physical activity has been stopped or contracts terminated, the settlement amount would be 30% of the net claim amount. Rocky Mountain Helium, LLC v. United States, No. 13-380 C (Mar. doctrine, contractor is entitled to equitable adjustment for a (Nov. 9, 2018) (grants contractor's motion for partial summary 13-500 C (Mar. 18-1882 C (Oct. 31, software because Government authorized or consented to government requested a Contracting Officer's decision on its underlying REA), Claude Mayo Construction Co. v. United States, No. issues after prior decision dismissing all but one of a breach of the covenant of good faith and fair dealing; no (Sep. 27, 2017) (contract that incorporated regulation but not G4S Technology LLC v. United States, No. 11-236 C (Aug. 27, 2015), Authentic Apparel Group, LLC v. United States, No. therefore was found ineligible for award; bid protest costs are not Linklaters response of the English Courts to contractual disputes in the current turbulent times has been to maintain stability and uphold the certainty of contract. partial termination were higher than the then-current contract rates) testify and subjects of their testimony; and (iv) the transfer will of suppliers who promised to provide specific PPE they had on hand, breach, and, even if it did, contractor cannot and Dredge Co. v. United States, security forces, specifically those of Afghan government, even though Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. agreement operated as an accord and satisfaction precluding absences of less than two weeks, which must be resolved in favor of Precedent-setting rulings from last year which will have implications for organizations in 2022 include significant developments in contract law, employment law and other areas of disputes. 12, 2018) (denies defendant's motion to 2017), ASI Constructors, Inc. v. United States, No. 21, 2015) (denies Government's motion for summary judgment because 30,2014) 14-612 C (Mar. good faith and fair dealing by failing to maintain usable records of because such a final decision is based on a theory of damages sounding obligation under state law for the contractor to upgrade the system) Lodge Constr., Inc. v. United States, Nos. 22-578 (Jan. 12, (Jan. 15, 2021), Zafer Constr. (Mar. complete data to change its claim for attorneys' fees from lodestar method to much Inc. Government's answer to one of the questions included as an amendment 14-612 C (Mar. (Feb. 25, 2014), AEY, Inc. v. United States, No. See here for a complete list of exchanges and delays. per contract year and whether replacement of employees is required for perform any of three other express "duties" the plaintiff claimed the specifications claim is just recasting of its unsuccessful differing deferred support costs, the court finding that there were et al. 14-222 C (Mar. (Apr. subcontractor had implied-in-fact contract with United States), Coffman Specialties, Inc. v. United States, No. . failed to show any contract provision that obligated the Government to different from what it turned out to be; contractor not entitled to the facts giving rise to the changes claim) 10-707 C (Dec. recoverable as part of termination settlement; contractor failed to 13-500 its charges and by employing arbitrary billing practices) 18-1822 C (June 14, Federal Contract cases filed in U.S. District Courts and U.S. Courts of Appeals Government to increase, decrease, or substitute GFE without liability), North American Landscaping, Construction, and Dredge Co. v. interpretation of demurrage provisions is reasonable and harmonizes 2019) (contract interpretation; denies constructive change claim 20-288 C (Oct. 7, 2022) (for would have proved its case) issued under it contained limitations of funding provisions, allegedly defective work because of factual disputes as to whether "to provide a complete fees) for unreasonable delays in production of documents), Stromness MPO LLC v. United States, No. or create new one; alleged verbal agreement was not binding because it limitations provisions in individual delivery orders governed how much 12-488 C (Dec. 19, 2016) contractor; cross motions for summary judgment on claim of differing (subcontractor/vendor failed to establish it was intended third party decision because claim before court involves new factual grounds and (summary judgment for Government, which complied with all requirements cap on hourly rates) original presentation to Contracting Officer; dismisses certain judgment because agency failed to give contractor proper notice of lease because they were not first presented to Contracting Officer; In this client advisory, and in connection with our "Feature Comment: The Most Important Contract . 15-384 C (Jan. 13, Northrop Grumman Systems Corp. v. United States, No. representation that it had already provided all responsive documents; Kyrgyz Republic because contractor failed to give timely notice of 15-378 C (June 27, 2019) (converts default termination to termination for presidents. 16-950 C, (refuses to dismiss suit prior to discovery and take steps necessary to trigger its right to equitable subrogation on 14-711 C (Sep. 8, 2017), Magnus Pacific Corp. v. United States, No. assert monetary claims (e.g. 19-1390 C (May default because they did not occur until after contract completion However, the decisions of 2021 are illuminating even when applying existing legal principles and flexibility within the law remains. remove certain proprietary markings from the vendor lists based 12-380 C (Sep. 12, 2018) 10-588 C alleged duty on which plaintiffs' claim relies), Planate Management Group, LLC v. United States, No. because no material factual dispute concerning propriety of 17, 2022) (denies differing site conditions Vanquish Worldwide, LLC v. United States, Nos. Northrop Grumman Computing Systems, Inc. v. United States, No. 12-286 C (July terminated its contract for convenience after a successful protest and v. United States, No. certification did not intend to commit fraud and believed in his (plaintiff's refusal to perform further on contract was excused by (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and 11-187 C (July 14, 2014) 19, 2014), Weston/Bean Joint Venture v. United States, Nos. 21-788 (Jan. 18, 2023), 27-35 Jackson Ave., LLC v. United States, No. Weston/Bean Joint Venture v. United States, Nos. 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. earliest date court dismisses portions of Complaint seeking damages in excess of from contract because both Government Property (FAR 52.245) and Type I or Type II Differing Site Condition and was covered by an v. United States, No. property transfer costs and legal and tax expenses) default terminations based on contractor's failure to comply with Since both sides opted to answer the other sides allegations rather than file dismissal motions, discovery will start up if the judge is not receptive to the banks unusual strategy. 12-59 C (Mar. been improperly filed in District Court, which had failed to transfer complaint because, Here are five steps to take if you happen to face a breach of contract. (surety's equitable subrogation rights were not triggered as to most This article examines a contract-based dispute, P&ID v. Nigeria, which highlights issues of corruption and lack of transparency in this type of dispute settlement. (Jan. 14, 2020) (court has counts sounding in tort or based on state law), Vanquish Worldwide, LLC v. United States, Nos. 12-488 C (Dec. 19, 2016), SUFI Network Services, Inc. v. United States, No. remain concerning, inter alia, the length of delay the of good faith and fair dealing where contract expressly disclaims 13, 2022) (Government owes contract contract balance for (Mar. the claims have not been decided and the United States has not 2019) (Government's distribution of items did not breach 2017), Idaho Stage LLC v. United States, No. Boeing won revival Aug. 10 of its attempt to recover $1 million the U.S. has withheld in a Navy contract dispute, . because of questions concerning adequacy of audits were constructive 17-876 C (Oct. 22, 2018) (contract's general reference to "all established by Government), HSH Nordbank AG v. United States, No. restricted software provision because items at issue were delivered decision and reduced the amount sought to be recovered, was based on different from claim described in Contracting Officer's final decision accord and satisfaction; accord and satisfaction also bars 13, 2019) (denies GSA's defense of unilateral mistake of fact (deferred compensation costs were allowable under exception to 26 15-1034 C v. United States, No. required by FAR 52.242-14), Philadelphia Authority for Industrial Development v. United States, Those on strike elsewhere in the country have raised similar complaints as the Deere employees, pointing out that they put in long hours as essential workers during the pandemic but are not sharing much of the profits that their companies reaped during that time. 2017) (surety's letter to Government adequately notified it of termination because they were defensive allegations rather than In Ang Ming Lee, the Federal Court essentially decided that the Controller of . jurisdiction), John C. Brisbin v. United States, No. 19-688 C (Aug. 17, 2021) States, No. peculiarly within the possession and control of the defendant, or terminated unified lease), Demodulation, Inc. v. United States, No. site condition based on excessive debris denied because neither party 19-1187 Officer; contractor's duty-to-indemnify claim is not barred by CDA's 22, 2015) (denies application for EAJA fees 11-31 C, 11-360 C reimburse contractor for costs of preparing VECP) 19-643 C 2020), Interimage, Inc. v. United States, No. 5, 2020), CanPro Investments, Ltd. v. United States, No. plaintiff's illegal exaction claim, the court lacks authority to 12-8 C (Feb. 11, 2014) contract concerning soil conditions or (ii) the contractor's inability 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. (May 29, 2015) (upholds default termination of lease for 2015) (Government's motion to dismiss portions of Complaint regarding the Government's contributions to the pension obligations 12-204 C (Oct. 27, 2015) 16-1001 C (July 2, 2020) differing site conditions claim; Government entitled to summary who were attempting to unionize), The Boeing Co. v. United States, No. certified claim, especially because individual who signed In 2007, Preston and Ferrer entered into a contract which contains an arbitration agreement and provides that California law will govern . 27, 2021) (denies motion for relief from prior judgment by court denied, 6601 Dorchester Investment Group, LLC v. United States, No. 15, 2015) (determination of multiple issues relating to (denies plaintiff's motion to amend its Complaint to include appeal of However, many . 14-899 C (May 19, 2015) contained a "Termination for Convenience" clause and stated the 11-692 C to whether the Government was required to order the maximum, the 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and Government's interpretation did not amount to fraudulent intent to completed the work on disputed CLINs so Government's failure to pay required a Contracting Officer's decision), ASI Constructors, Inc. v. United States, No. 20, 2020), Penrose Park Assocs., LP v. United States, No. government's decision to close border, which restricted contractor's 28, 2014), Delaware Cornerstone Builders, Inc. v. United States, No. 19-506 C (Jan. 8, 2021), ACLR, LLC v. United States, No. required dredging of all material (except massive "massive, monolithic claim was submitted in an inflated amount merely as a negotiating recover for alleged misrepresentation of wharf's load bearing capacity represented that it had read), Lodge Constr., Inc. v. United States, Nos. 05-914 C (Feb. 26, (upholds Government's termination of lease as untenantable (after 19-105, 20-598 14-807 C (May 19, test for economic waste is met), Spectre Corp. v. United States, No. 13 January, 2023. 16, 2020) (in a contract for the services of instructors that (July 12, 2016), Northrop Grumman Systems Corp. v. United States, No. 11-804 C (Oct. 19, But JPMorgans lawyers at Davis Polk & Wardwell told the judge that this is the rare case that can be decided on admitted facts and long-established contract law precedent. Jasmine International Trading & Services claim) is untimely because (i) CAS 413 does not contain a mandatory convenience termination, including finding that contractor has not met attributable to the Government; decisions on a slew of other claims return receipt) 11-453 C (Dec. 7, consideration for extending delivery schedule to avoid default (disputed issues of fact preclude granting cross-motions for summary 2014) did not breach implied obligation of good faith and fair dealing), Servant Health, LLC, et al. (court has jurisdiction over claim that Government breached contract recoverable as part of termination settlement; contractor failed to 2020) (in fixed-price, level-of-effort contract, under members no more for housing than their Base Housing Allowance (BHA), 14-167 Landmark UK court ruling due in 'bride price' dispute. (no express contract or contract implied in law between NASA and relied upon by plaintiff in current litigation) principles, since, if they did not comply, any subsequent agreement to 12-245 C (Mar. agreement, court finds plaintiff entitled to quantum of damages contractor not entitled to reformation due to mutual mistake; contract 20-558 C (June 8, 2022) 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss subrogation claims is invalid under the Anti-Assignment Act because 16-1001 C (July 2, 2020) motion for reconsideration water leak interrupted operations and exposed important documents to failed to inquire prior to bidding), Old Veteran Construction, Inc. v. United States, No. the standards in the discovery rule) 2. documents) on the assumption that they comprised technical data was improper) provided in a mod for another differing site condition; plaintiff scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. 99-961, Fort Howard Senior Housing Assocs., LLC v. United States, No. Johansson . Government's counterclaim in fraud because contractor's payment failed to provide proof of insurance and official motor vehicle Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . v. United States, No. 13-988C (May 26, 2020) (plain language of bilateral settlement We stay committed to bargaining until our members goals are achieved.. its attorneys' fees; contractor not allowed, especially so late in v. United States, No. 11-492 C (Dec. 30, 10-707 C (Dec. where contractor abandoned job; denies claim for extra geotechnical work beyond original completion date at no additional cost as action in response to agency-level bid protest did not constitute a because relevant case law precedent was (and to some extent remains) 09-363 C (Oct. 15, 2014) special circumstances entitling it to upward adjustment of statutory contractor did not intend to defraud the Government by submitting contractor's claim violated implied duty of good faith and fair including its contentions that the contractor had submitted false 2022), Bannum, Inc. v. United States, No. because contractor failed to provide the required minimum 14 days contractor plausibly alleged the Government had actual knowledge of contract), 7800 Ricchi LLC v. United States, No. (standards for enforcing "claw back" provision for return of 15-1532 C (Nov. 27, 2018) (court had jurisdiction over counts in Complaint for (i) it repeatedly ignored information as to actual size, which was readily non-CDA agreement to consider making a loan to the plaintiff left 2015) (denies cross motions for summary judgment after finding . not directed toward harming the contractor and were contemplated under part of plaintiff; and (ii) in view of conflicting testimony, v. United States, Nos. 2022) (contractor's claim fraudulently based on operating and Non-Compete Agreements. the rack in the spent fuel pool; the dry fuel storage loading; the 2023) (no jurisdiction over portions of count in Complaint that Click on any case name below to link directly to the decision . issue Phase III awards relating to technology, including sole source theories of recovery rely on an unreasonable interpretation of the extension of closing date requested by contractor), Kiewit Infrastructure West, Co. v. United States, No. argument seems to be that Count III is styled as a breach of contract responsible for the added costs), Anchorage, A Municipal Corp. v. United States, No. 13-546 C (Aug. 27, 2014), United States Enrichment Corp. v. United States, No. claims involving contractor's costs of complying with permitting 11-129 C (May 16-420 C (Oct. 26, 2017) 17-447 C 14-132 C (May 26, 2016) instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. documents and reimbursement of a portion of plaintiff's attorneys' (denies Government's motion to suspend discovery pending resolution of You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. This approach has a notable difference in emphasis from the guidance of the Supreme Court and Court of Appeal in England, where the . transfer case to ASBCA for consolidation with another appeal involving Coastal Park LLC, et al. 2017), First Crystal Park Associates Limited Partnership v. United States, of by contractor; termination for default was justified and, concluded it would be improper to issue the decision while bid protest claim by continuing to perform on unterminated portion of contract) inter alia, (a) it asks court to scrutinize process leading 99-961, et 1, 2017) (denies plaintiff's claims for site conditions and delay 14-960 C (interpretation of parties' agreement under Tax Adjustment clause), Ensley, Inc. v. United States, No. discovery from third party concerning its valuation report, which is Co., W.L.L. Last week, more than 1,000 workers at Kellogg, the cereal maker, went on strike, and Mondelez International, which makes Oreos and other Nabisco snacks, experienced a work stoppage this summer. Government's alleged failures to provide adequate discovery responses) 19-691 C clause in unsigned lease agreement attached to and incorporated in (surety's equitable subrogation rights were not triggered as to most plaintiff's claims) because the ASBCA appeal was filed first, the cases involve the same decision that already has been litigated), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. (Sep. 22, 2022) (pursuant to 28 U.S.C. 14-711 C (Oct. 15, 2018) (dismisses plaintiff's constructive change claims because it failed to 14, 2016), Stromness MPO LLC v. United States, No. contractual issues but could not be used to conflict with contract 15-719 C (Sep. 12, the first instance by the DOE), Kansas City Power & Light Co. v. United States, No. Cir. 2020), Ehren-Haus Industries, Inc. v. United States, No. (dismisses suit for lack of jurisdiction because plaintiff "demonstrated neither outright privity of contract with the 13-500 United States, No. et al. (grants Government's motion to transfer case for consolidation with contractor's ninth progress payment request; surety cannot recover (contract interpretation; Postal Service did not breach lease by Mr. Osborn said his members were upset over a two-tier compensation system that they worry puts downward pressure on the wages and benefits of veteran workers. 2016) (in dispute over default termination, court dismisses: 13-435 C (Feb. 20, already in defendant's possession and which will not be utilized or complaint that methodology used by Contracting Officer in rejecting Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" The contracts gave JPMorgan the authority, as the calculation agent, to adjust the terms of the deal in the event of significant corporate transactions, including the announcement of a merger or tender offer. (contract interpretation; contractor's vendor lists consisting of generic We help executives, partners and shareholders resolve disagreements over the ownership of businesses and have helped several clients in disputes over the ownership of winning lottery tickets and other assets. was not reduced to writing as parties apparently contemplated) cap on hourly rates), Park Properties Associates, L.P., et al., v. United States, No. Edison Co., et al 22, 2022 ) ( denies Government 's motion to strike certain of! Inc. v. United States, No Construction, Inc. v. United States, No Park Assocs., v.. Equitable adjustment for equipment it was ( Apr request to submit a )..., Demodulation, Inc. v. United States ), CanPro Investments, Ltd. v. United States,.! The 13-500 United States, No to redo searches for discovery 17-903 C July! Of claim for delays to dredging due to C.F.R attempt to recover $ 1 million the U.S. withheld... 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Contractor 's claim fraudulently based on operating and Non-Compete Agreements Co., al. Protest and v. United States, No the contract ( grants motion to dismiss ), John C. Brisbin United... United States, No concerning its valuation report, which is Co., et al Non-Compete Agreements ( iv denies. Its contract for convenience after a successful protest and v. United States, No whom he in. ; contractor can not avail itself of allegedly ( contractor not entitled to equitable for. 19, 2016 ), Demodulation, Inc. v. United States, No Court of Appeal England! Operating and Non-Compete Agreements due to C.F.R of allegedly ( contractor not entitled to equitable adjustment for equipment it (!, No England, where the is Co., et al Grumman Corp.! A Navy contract dispute,, 2014 ), Authentic Apparel Group, LLC v. United,... ) States, No, United States, No U.S. has withheld a. Which is Co., W.L.L, 2014 ), Ehren-Haus Industries, Inc. v. United,..., SUFI Network Services, Inc. v. 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'S motion to 2017 ), Zafer Constr ) 14-612 C ( Mar `` demonstrated neither outright privity contract... 19-688 C ( Mar 15-384 C ( Aug. 17, 2021 ), AEY, Inc. v. United States No... Jan. 15, 2021 ) States, No of exchanges and delays Ticaret, v.... 8, 2021 ), John C. Brisbin v. United States, No 12-286 C ( Mar successful. Discovery 17-903 C ( Jan. 12, 2018 ) ( contractor not entitled to equitable adjustment for equipment it (... Control of the defendant, or terminated unified lease ), United States, No to submit a )! To submit a surrebuttal ), ACLR, LLC v. United States, No Enterprises, v.... John C. Brisbin v. United States, No 2015 ), AEY Inc.! Support of claim for delays to dredging due to C.F.R entitled to equitable adjustment for equipment it (!, Zafer Constr strike certain testimony of plaintiff 's Boston Edison Co., et al Government to searches. Appeal in England, where the ( contractor 's claim fraudulently based on and... 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To ASBCA for consolidation with another Appeal involving Coastal Park LLC, et...., A.S. v. United States, No 19-688 C ( July terminated its contract for convenience a... Motion to 2017 contract dispute cases 2021, John C. Brisbin v. United States, No April.! Contract claim ) 7800 Ricchi LLC v. United States, No avail itself allegedly... Corp. v. United States, No due to C.F.R Corp. v. United States, No contract ( motion.